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HomeMy WebLinkAbout2004-05-04 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK Village Hall, 938 King Street Rye Brook, New York ZONING BOARD OF APPEALS Tuesday, May 4, 2004 AGENDA 1. #03-326 Mr. Felipe Calderon 458 North Ridge Street Construct a New Side/Rear Wood Deck CONTINUATION OF PUBLIC HEARING 2. #04-337 550 Realty Corp. 550/552 Westchester Avenue Provide Parking for the Existing Six-Family House CONTINUATION OF PUBLIC HEARING 3. Approval of April 13, 2004 Zoning Board Summary PRESENT BOARD: Mark Harmon, Chairman Salvatore Cresenzi Joseph Pellino Dorothy Roer Ronald Rettner STAFF: Mr. Michael Izzo, Acting Building Inspector Edward Beane, Esq., Village Counsel Paula Patafio, Meeting Secretary Mr. Harmon welcomed everyone to the May 4, 2004 Zoning Board of Appeal meeting. He noted that Mr. Rettner was traveling and asked to be excused from the meeting. 1. #03-326 Mr. Felipe Calderon 458 North Ridge Street Construct a New Side/Rear Wood Deck CONTINUATION OF PUBLIC HEARING Mrs. Calderon, the applicant, addressed the Board. She noted that this was the third time they were before the Board in connection with this application. At the prior meetings comments were received from Board members, Village Staff, and neighboring property owners. In response, the plans were revised and, as a result, the application now only required one variance in connection with the rear yard setback. Zoning Board of Appeal Tuesday,May 4,2004 Page 1 of 5 Michael Izzo, Acting Building Inspector, noted Mr. Klein, the architect, had come into the Building Department earlier in the day to clarify a typographic error on the plan. Mr. Izzo reiterated that the only variance required was for the rear yard setback, and noted that the applicant no longer requires an area variance or a side yard setback variance. Mr. Harmon asked Mrs. Calderon if the signage had been posted in compliance with the Village's Notification Ordinance. Both she and Mr. Izzo stated that it had. Mr. Harmon called for any members of the public wishing to address the Board in support or opposition of the application. There being no one, he turned to the Board for their comments. There being no comments, the public portion of the meeting was closed, and the Board went into deliberation. Upon the Board's return, Mr. Harmon read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. Felipe Calderon for a 9' 0" rear yard setback variance, in connection with the propose construction of a new side/rear deck, on property located at 458 North Ridge Street, in an R-15 District, on the west side of North Ridge Street, approximately 190 feet from the intersection of North Ridge Street and Fairlawn Parkway. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 1, Block: 5, Lot E19. WHEREAS, a duly advertised public hearing was continued on May 4, 2004, at which time all those wishing to be heard were given such opportunity; and WHEREAS the Board, from the application and after viewing the premises and neighborhood concerned, finds: 1) Applicant has made a good faith effort to reduce the size of the requested deck in order to minimize the impact of the construction; 2) The topography of the property is unusual and the deck will enhance the safety and use of the home; and 3) It is a reasonable use of the property. NOW, THEREFORE, BE IT RESOLVED that the application is hereby granted on the following conditions: 1) Construction shall begin within one year of the granting of the variance. DATED: May 4, 2004 Mark Harmon, Chairperson 4 Ayes, 0 Noes Zoning Board of Appeal Tuesday,May 4,2004 Page 2 of 5 Mr. Harmon called for the second item on the agenda: 2. #04-337 550 Realty Corp. 550/552 Westchester Avenue Provide Parking for the Existing Six-Family House CONTINUATION OF PUBLIC HEARING Mr. Harmon clarified that the hearing held in April ended the public hearing. The decision in connection with this application was deferred pending an opinion from the Village's legal counsel as to whether the property is a legal non-conformity or a non-legal non-conformity. Edward Beane, Esq., Village Attorney,was asked to address this matter. Edward Beane, Esq., addressed the Board. He noted that the written opinion that the Zoning Board of Appeal was seeking was not quite ready and not forthcoming this evening. The reason, as everyone is aware, is that this application had developed a life of its own. As a result, a number of documents from a number of different sources were reviewed. In addition, the recently completed inspection by Mr. Michael Izzo, Acting Building Inspector, needed to be reviewed and the results included in the final report. Mr. Ronald Rettner arrived at the meeting. Although he had requested to be excused from the meeting, he had driven directly from the airport (returning from a business trip) to the Village Hall, arriving at 8:15 p.m. Bernard Edelstein, Esq., representative for the applicant, addressed the Board. He It was noted that Mr. Tom Ahmman, of J.A. Kirby, and the applicant were also in attendance, as were several residents of 550/552 Westchester Avenue. Mr. Edelstein expressed his confusion. He stated that it was his understanding, after discussing the matter with Ms. Porter, that the decision of whether or not this was a legal six-family home would dependent upon the Building Inspector's inspection. Mr. Beane noted that Mr. Izzo had completed his inspection and reported back with the results of this inspection. However, because of the timing, and in consideration of all the documents which needed to be reviewed, the report was not completed on time for the meeting. Mr. Beane stated that it was not the Village's intent to have applicant attend this meeting unnecessarily, and reiterated that the report would be completed within the next two weeks; well in advance of the next Zoning Board of Appeal meeting. Once the opinion is issued, that will be legal counsel's final opinion. Mr. Harmon asked if legal counsel's opinion would be confidential, or if it would be shared with the applicant. Mr. Beane noted that when the opinion is issued, it would be presented to the Board for review. It will also be shared with the applicant. He noted that this would not be a confidential document. The applicant will receive the results prior to the next meeting. Zoning Board of Appeal Tuesday,May 4,2004 Page 3 of 5 Mr. Beane noted that his directive is to advise his client—the Village of Rye Brook. The opinion will be issued to the Zoning Board of Appeal, as an independent Board. The Zoning Board of Appeal, like every other Board of the Village, has the right and authority to make whatever decision it deems appropriate. Mr. Edelstein felt that the Zoning Board of Appeal did not have the authority to make the decision with regard to the status of the house. Mr. Harmon asked for a moment to deliberate with the Board on this matter. After a brief discussion, Mr. Harmon went back on the record. He noted that the Board's consensus was that a determination of whether or not the property is a legal or non-legal conformity must be made before the Zoning Board will make a decision on the application for a variance. Mr. Harmon turned to the Board for comments and questions. Mr. Edelstein requested that additional information be accepted by the Board and noted that a tenant of 550/552 Westchester Avenue had forwarded the Board a letter dated May 4, 2004. Mr. Harmon pointed out that the public hearing was closed at the previous meeting, but that, with the Board's approval, the letter would be made part of the record. Mr. Harmon strongly recommended that Legal Counsel's opinion be issued within the next two weeks, and that it be shared with the applicant so that at the subsequent meeting everyone will be prepared. He requested that, if the applicant disputes the finding, that a formal response be sent to the Village, in writing. Mr. Beane agreed, and stated that all comments should be furnished to the Village Attorney. It was noted that the Building Inspector's report and fire inspection were dated April 20, 2004. Mr. Edelstein noted that the applicant was in the process of completing each of the recommendations that are set forth in the report in order to comply, and be issued a Certificate of Occupancy. The applicant has agreed to fulfill each of the requirements listed by the Building Inspector. Mr. Edelstein noted that per the request of Mr. Rettner at the last meeting, additional visuals were presented to the Village. There were four photographs that included a view of the existing curb cut on Westchester Avenue, an elevation view of 548 Westchester Avenue, and a view of the rear yard looking towards Westchester Avenue. Mr. Ahmman noted that the proposed driveway would be roughly at grade. In addition, a written narrative of the easement was submitted for review by the Village Attorney. Mr. Beane noted that the narrative was being reviewed. Mr. Edelstein stated that the New York State Department of Transportation had given verbal approval, and that no problems are anticipated. The Board thanked the applicant for the presentation, and it was noted that this matter would be on the agenda for the June meeting. Zoning Board of Appeal Tuesday,May 4,2004 Page 4 of 5 Mr. Harmon called for the final item on the agenda: 3. Approval of April 13, 2004 Zoning Board Summary The summary was approved as submitted by a vote of five ayes to zero noes. There being no further business before the Board, the meeting was adjourned at 8:34 p.m. Zoning Board of Appeal Tuesday,May 4,2004 Page 5 of 5